Compensatory Remedies in UK Law
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English Contract Law and the Efficient Breach Theory
The ‘efficient breach’ theory holds that remedial orders, namely specific performance, compensatory damages and restitutionary damages for wrongs, should be designed in such a way as to maximize th...... ... holds that remedial orders, namely speci c performance, compensatory damages and restitutionary damages for wrongs, should be designed in such ... It also aims to explain and justif y the existing scheme of remedies for breach of contract in the English contract law on (non e ... ...
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Profits from Wrongdoing: Private and Public Law Perspectives
... ... in line with the recent tendency to challenge the traditional compensatory remedy for breach of contract. Challenges to the traditional view The ... enrichment 8 and to extend the circumstances when restitutionary remedies are available. 9 Second, they reflect the development of restitutionary ... ...
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Remedies for Breach of Trust
The decision of the Supreme Court in AIB Group (UK) Plc v Mark Redler & Co confirms the approach taken by Lord Browne‐Wilkinson in Target Holdings Ltd v Redferns: where a trustee misapplies trust a...... ... Such a compensatory approach was foreshadowed in Target ... However, Target was often thought not to be conclusive in this regard; Lord Browne-Wilkinson’s reasoning ... ...
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The European Court of Human Rights supervising the execution of its judgments
The European Convention on Human Rights (‘Convention’) provides that the Committee of Ministers shall supervise the execution of the European Court of Human Rights’ (‘Court’) judgments. This articl...... ... of similar applications.119The Court, therefore, assesses compensatory remedies, which provide for damages to persons110. Isayeva v Russia (n ... ...
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Assessing the Role of the Courts in Enhancing Access to Environmental Justice in Oil Pollution Matters in Nigeria
... ... UNEP refers to it as judicial and administrative remedies and procedures available to a person aggrieved or likely to be aggrieved ... , nuisance, 82 restitution, negligence, 83 declaration and compensatory remedies. 84 Following the above points, courts have shown in a plethora ... ...
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Missing Reliance
Book reviewed in this article: Andrew Burrows, Understanding the Law of Obligations: Essays on Contract,Tort and Restitution... ... undertaken and should therefore be reluctant to invoke non-compensatory remedies ... In contrast, where the liability is purely imposed, as in ... ...
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Remedies for breaches of prisoners’ rights in the European Prison Rules
This article looks into the architecture of remedies for breaches of the right of prisoners not to be subjected to inadequate conditions of detention under the revised 2020 European Prison Rules (E...... ... of imprisonment and conditions of life in prison, the Court differentiates betweentwo types of remedies under Art 13: preventive and compensatory. Preventive remedy aims at thecessation of the impugned situation and, to be effective, it must be capable of rapidly bringing theongoing violation ... ...
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The Functioning of the Pilot-Judgment Procedure of the European Court of Human Rights in Practice
Since the Court adopted its first pilot judgment in 2004, another 24 such judgments and an even greater number of follow-up rulings to these judgments have ensued. This article analyses and comment...... ... 3 ese problems concer n, for example, the lack of domestic remedies, in combination with the non-enforcement of domestic court decisions4 or ... Intersentia e remedies required ca n have a preventive or compensatory character. Preventive remedies aim to resolve the actual problem identi ... ...
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Disparate Effects and Objective Justifications in Sex Discrimination Law
Given the difficulties involved in proving indirect sex discrimination, the practical importance of the allocation of evidential burdens and the quantum of proof required to discharge those burdens...... ... ;8access to employer-funded pension plans;9and entitlementto compensatory remedies for unfair dismissal.1Article 141 has beensupplemented by several ... ...
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At last! Reaching the remedy for delay after a long ride through the EU judicial system
... ... were actually breached, the CJEUaddressed the question of remedies. In part, it upheld what was already known from Baustahlge-webe, namely ... , theECtHR has a preference for preventive as opposed to compensatory remedies, although both arecapable of being effective in principle.46The ... ...
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